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User License Agreement
with respect to the "VIEWAPP Europe" application,
TERMS AND DEFINITIONS

"Agreement" means this Terms of Use.

"Application" – an application VIEWAPP Europe for mobile operating systems Apple iOS, Android and HarmonyOS by Huawei.

"User" – an individual who has duly acceded to this Agreement to use the Application.

"VIEWAPP Europe", "Executor Company","Executor" or "We" – VIEWAPP S.L., NIF: B56473309, which is the developer of this system product. The Application is published in mobile application stores on behalf of the Contractor Company, which is the developer of this system product.

"Contractor Company" means the company that:

  • provides services to the User via the Application;

  • modifies the content of the Application.

  1. GENERAL PROVISIONS

    1. This Agreement regulates the relationship between the Executor Company and the User.

    2. The Application is a program developed for mobile devices running on Apple iOS, Google Android operating systems.

    3. This Agreement is an open and publicly available document. The current version of the Agreement is available on the Internet at: Terms of Use.

    4. The terms of this Agreement are a public offer in accordance with the laws of Spain and the use of the Application is possible only under the terms of this Agreement.

    5. By accessing or using the Application the User agrees to abide by the conditions outlined herein for using the Application. The User acknowledges that they have been informed about the processing of their personal data as described in our Privacy Notice. The current version of the Privacy Notice is available at: Privacy Notice.

    6. The current version of the Agreement, which is a public document, is available to any Internet user by clicking on the link Terms of Use. The Executor has the right to make changes to this Agreement. When making changes to the Agreement, the Executor shall notify Users by posting the new version of the Agreement at the permanent address: Terms of Use not later than 10 days before the entry into force of the relevant changes. Previous editions of the Agreement are stored in the Executor's documentation archive. In this case, the continued use of the Application after the changes and/or additions to this Agreement, means the consent of the User to such changes and/or additions, in connection with which the User undertakes to regularly monitor the changes in the relevant section in the Application and in the Agreement posted on the website Terms of Use.

    7. Appeals, proposals and claims of individuals and entities to the Executor related to the content and functioning of the Application, violations of the rights and interests of third parties, the requirements of the legislation of Spain, as well as for requests of authorized by the legislation of Spain may be sent to the address Vía de las Dos Castillas 33. Ática. Edificio 7 - 2ª planta (MyCoworcing Pozuelo), 28224 POZUELO DE ALARCÓN, MADRID, España.

    8. This Agreement is made in accordance with the legislation of Spain. Matters not regulated by the Agreement shall be resolved in accordance with the legislation of Spain.

    9. If the User does not agree to the terms of this Agreement, the use of the Application shall be terminated immediately.

  2. USER RIGHTS AND OBLIGATIONS

    1. The User agrees to properly comply with the terms of this Agreement.

    2. When registering in the Application, the User agrees to provide accurate information about himself/herself necessary for:

      • correct provision of services by the Executor Company to the User;

      • answering the User's requests to the technical support service of the Application;

      • confirming that the account in the Application belongs to this User in case of loss of the account.

    3. The User agrees to take appropriate measures to ensure the safety of his mobile device and is personally responsible for the safety of personal data specified in the Application, in case of access to his mobile device by third parties.

    4. The User undertakes not to mislead other Users and third parties by using the Application.

    5. The User agrees not to use third-party software and other technical means that affect the operation of the Application and the related system.

    6. The User is forbidden to decompile the Application independently or with the involvement of third parties, as well as to distribute, make publicly available and provide other access to the Application, reverse-engineer the Application or its individual elements.

    7. The User agrees not to post, upload, publish, submit or transmit any User content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

    8. The User agrees not to post personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person's sex life or sexual orientation, or data relating to criminal convictions and offences ("sensitive data") unless this has been agreed with the Contractor Company and the necessary explicit consent has been collected.

  3. CONTRACTOR'S RIGHTS AND OBLIGATIONS

    1. The Executor Company may transfer the rights and obligations under this Agreement to the third party for the purpose of performing this Agreement, without further consent of the User.

    2. The Executor Company shall not be liable for negative consequences and losses resulting from events and circumstances beyond its competence, as well as for actions (inactions) of third parties, including actions or inactions of the User.

    3. The Contractor Company or Executor has the right to block the User's access to the Application if the User is found to have violated the obligations specified in Section 2 of this Agreement.

    4. The Executor reserves the right to limit the User's access to the Application at any time for organizational or technical reasons without notifying the User.

    5. The Executor Company reserves the right to terminate this Agreement unilaterally at any time for organizational or technical reasons, by blocking the possibility of using it.

    6. The Executor processes the User's personal data in order to fulfill the Agreement for the provision of the Services of the Application. The policy on storage and processing of personal data can be found at Privacy Notice.

  4. GUARANTEES AND LIABILITY OF THE PARTIES

    1. The User guarantees that he will not take any actions aimed solely at causing damage to the Executor Company or to the Contractor Company, mobile operators, copyright holders or other persons.

    2. In case of violation of the rules of using the Application, specified in section 3 of this Agreement, as well as in case of violation of paragraph 5.2 of this Agreement, the User agrees to compensate the Contractor Company or to the Executor Company for the damage caused by such actions.

    3. Unless the User proves otherwise, any actions performed using his mobile device shall be deemed to have been performed by the relevant User.

  5. LINKS TO THIRD-PARTY SITES

    1. The Application may contain links or provide access to other websites on the Internet (third party websites) and content placed on these websites, which are the result of intellectual activity of third parties and are protected in accordance with the legislation of Spain. These sites and the content posted on them are not checked by the Executor Company for compliance with the requirements of the legislation of Spain.

    2. The Executor Company shall not be responsible for any information or content posted on the websites of third parties, to which the User accesses through the Application, including, but not limited to, any opinions or statements expressed on the websites of third parties.

    3. The User confirms that as soon as the User follows the link contained in the Application to a third-party site, the relationship between the Executor Company and the User stops, this Agreement does not apply to the User in the future, and the Executor Company is not responsible for the User's use of content, the legality of such use and the quality of content posted on third party sites.

  6. FINAL PROVISIONS

    1. In case of any disputes or disagreements, connected with fulfillment of this Agreement the Executor and the User will do their best to solve them by negotiations between them. In case the disputes are not solved by negotiations, they shall be solved in the respective court at the location of the Executor in accordance with the procedure prescribed by the current legislation of Spain.

    2. This Agreement comes into force for the User from the moment of Registration in accordance with clause 2.2 of the Agreement and is valid until it is terminated on the initiative of the Executor or the User.

    3. This Agreement is made in English language.

    4. If any provision of this Agreement is held invalid, this does not affect the validity or applicability of the remaining provisions of this Agreement.

    5. Continued use of the Application means that you have accepted responsibility for unconditional compliance with this Agreement.

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